August 22, 2012

Civil Procedure notes ( Coleman E section) 8/21

Hamdi was captured in Afghanistan by the northern alliance, armed with a Kalashnikov rifle after 9/11.

Northern alliance hands him over to US military

Sent to Guantanamo

US Citizenship discovered ( born in US ), moved to Navy brig.

His dad filed a writ of hideous corpus in the Eastern district of Virginia.

Virginia has 2 districts – East/West. Federal jurisdiction.

Next friend briefing. Brig is likely located here, so that’s why here.

Aside notes

Recall District court à Circuit court à Supreme court.

This is a civil case, but is not a private case. A civil remedy originating in common law. Habeas corpus was used mostly to help political prisoners who disagreed with state back during its origin times.

We won’t touch Habeas again until Federal court( Some other L level ).

District Court decides to do an in camera review. ( Secure review – a single judge reads a redacted brief ). Evidentiary hearing.